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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience:  Extensive experience and training in real estate matters.
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My master lease states 60 day notice for move out. I am subletting

Resolved Question:

My master lease states 60 day notice for move out. I am subletting that apartment to a subtenant, our contract doesn't state 30 day or 60 day notice but it does say the subtenant is also subject to the terms of the master lease. Our deal is that he can have the apartment up to 8 months but he's on month 5 right now. he has the option to move out if he gives me notice.

Since we dont have that provision in our contract is he subject the terms of the master lease of 60 days or would it be the usual 30 days?

thanks
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Under principals of New York contract law, the subtenant would be subject to the terms of the master lease, since it was incorporated by express reference in the sublease.

J.Hazelbaker :

Thus, the 60 day notice provision would apply and all parties would be bound by it.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

Hi J sorry about that I was trying to do 10 things at once I thought I had sent this to you already

J.Hazelbaker :

No problem. Do you have a follow-up question?

Customer:

The term of the sublease is month to month with the first and sec months rent prepaid by the subtenant. The term starts on November 1st 2011 at 12:00AM. The subtenant has been granted the option to extend the sublet on a month to month basis up to 8 monhs. -- this is whats under the term section of the contract does that make a difference? I know month to month is usually 30 days notice but since move out notice term is not specifically specified in the contract do i still revert back to the master lease 60 day?

Customer:

did you get the question?

J.Hazelbaker :

Yes. One minute.

Customer:

no problem i wasnt sure if it went through take your time no hurry

J.Hazelbaker :

The sublease terms and the master lease terms are somewhat at odds. When this occurs and a dispute arises, the court will interpret the contract against the party who wrote it.

J.Hazelbaker :

So, in this case, if the tenant wanted to get out in 30 days, a court would probably allow that. If you wanted the tenant out in 30 days and they fought, the court would likely find in favor of the tenant on the 60 days.

Customer:

so it would be difficult to ask him for 60 days?

J.Hazelbaker :

The law disfavors confusion and will protect the party who did not create it.

J.Hazelbaker :

It would be difficult to force the issue in court.

J.Hazelbaker :

However, I certainly would point out that the master lease was incorporated by reference and binds the subtenant to 60 days notice.

Customer:

if I wanted to push it I could try but to be safe 40 would probably be better

Customer:

30

J.Hazelbaker :

You may ultimately lose in court, but the subtenant may not take it that far if you stick to your guns.

Customer:

ok awesome thanks for the info

J.Hazelbaker :

You could also negotiate, sure.

J.Hazelbaker :

You are welcome. Good luck.

Customer:

have a great night

J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience: Extensive experience and training in real estate matters.
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